REPUBLIC VRS TORGBADZA (CC3/02/2023) [2024] GHADC 347 (30 April 2024)
The prosecution proved beyond reasonable doubt that the accused threatened the complainant with death by chasing her with a cutlass, thereby putting her in fear of death, satisfying both actus reus and mens rea under Section 75 of Act 29.
- Citation
- REPUBLIC VRS TORGBADZA (CC3/02/2023) [2024] GHADC 347 (30 April 2024)
- Parties
- Prosecution: The Republic; Accused: Frazer Kofi Torgbadza
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 30 April 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Threat of Death, Burden of Proof, Mens Rea, Actus Reus, Mitigation, Sentencing
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Frazer Kofi Torgbadza
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 whether the accused issued a threat of death to the complainant with intent to put her in fear of death
Ratio Decidendi
The prosecution proved beyond reasonable doubt that the accused threatened the complainant with death by chasing her with a cutlass, thereby putting her in fear of death, satisfying both actus reus and mens rea under Section 75 of Act 29.
Court Disposition
conviction
Orders
- Accused convicted of threat of death contrary to Section 75 of the Criminal Offences Act, 1960 (Act 29).
- Accused sentenced to a fine of hundred penalty units, in default 12 months imprisonment.
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